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PART III continued
(7)“Monument” means (subject to subsection (8) below)—
(a)any building, structure or work, whether above or below the surface of the land, and any cave or excavation;
(b)any site comprising the remains of any such building, structure or work or of any cave or excavation; and
(c)any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure or part thereof which neither constitutes nor forms part of any work which is a monument within paragraph (a) above;
and any machinery attached to a monument shall be regarded as part of the monument if it could not be detached without being dismantled.
(8)Subsection (7)(a) above does not apply to any ecclesiastical building for the time being used for ecclesiastical purposes, and subsection (7)(c) above does not apply—
(a)to a site comprising any object or its remains unless the situation of that object or its remains in that particular site is a matter of public interest;
(b)to a site comprising, or comprising the remains of, any vessel which is protected by an order under section 1 of the M2Protection of Wrecks Act 1973 designating an area round the site as a restricted area.
(9)For the purposes of this Act, the site of a monument includes not only the land in or on which it is situated but also any land comprising or adjoining it which appears to the Secretary of State [F16or the Commission] or a local authority, in the exercise in relation to that monument of any of their functions under this Act, to be essential for the monument’s support and preservation.
(10)References in this Act to a monument include references—
(a)to the site of the monument in question; and
(b)to a group of monuments or any part of a monument or group of monuments.
(11)References in this Act to the site of a monument—
(a)are references to the monument itself where it consists of a site; and
(b)in any other case include references to the monument itself.
(12)“Ancient monument” means—
(a)any scheduled monument; and
(b)any other monument which in the opinion of the Secretary of State is of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it.
(13)In this section “remains” includes any trace or sign of the previous existence of the thing in question.
F1Definition inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 67(2)
F2Words in s. 61(1)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 56(3), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F3Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F4S. 61(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 56(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F5The definition of "statutory maximum" in s. 61(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2
F6s. 61(1): definition of “universal postal service” inserted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(2)
F7Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 43(2)
F8Words in s. 61(1)(2)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 29(2)
F9Word repealed by Electricity Act 1989 (c.29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35, Sch. 18
F10Word repealed by Gas Act 1986 (c.44, SIF 44:2), s. 67(3)(4), Sch. 8 para. 17, Sch. 9 Pt. I
F11Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F12Words in s. 61(2)(b) repealed (31.10.1994) by virtue of 1994 c. 21, s. 67, Sch. 9 para. 22, Sch. 11 Pt. II; S.I. 1994/2553, art. 2
F13Words in s. 61(2)(b) substituted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(3)
F14Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 43(2)
F15S. 61(2A) inserted (26.3.01) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 45(4)
F16Words inserted by National Heritage Act 1983 (c. 47, SIF 78), s. 41, Sch. 4 para. 67(3)
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
M11973 c. 65.
M21973 c. 33.
(1)–(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4)In this Act, in relation to any land in Scotland, “occupier” means an occupier with an interest in that land which is heritable and, if there is no such occupier, the owner thereof shall be deemed to be the occupier.
(5)In relation to land in Scotland, any reference in this Act—
(a)to a mortgage shall be construed as a reference to a heritable security;
(b)to a mortgagee shall be construed as a reference to a creditor in a heritable security; and
(c)to a first mortgagee shall be construed as a reference to a creditor in a heritable security which ranks prior to any other heritable security over the same land.
F1Ss. 62(1)–(3), 63 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. IV
F1Ss. 62(1)–(3), 63 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. IV
(1)Schedule 3 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law previously in force.
X1(2)The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule,being amendments consequential on the provisions of this Act.
X1(3)The enactments specified in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
X1The text of s. 64(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)This Act may be cited as the Ancient Monuments and Archaeological Areas Act 1979.
(2)This Act shall come into force on such day as may be appointed by order of the Secretary of State, and different days may be appointed for different purposes; and a reference in any provision of this Act to the commencement of this Act is a reference to the day appointed for the coming into force of that provision.
(3)This Act does not extend to Northern Ireland.
P1Power of appointment conferred by s. 65(2) exercised: S.I. 1979/786, 1981/1300, 1981/1466 and 1982/362
Ancient Monuments and Archaeological Areas Act 1979